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National Security Bill completes passage through Parliament

5 July 2023

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The National Security Bill returned again to the Lords for consideration of Commons amendments in ‘ping pong’, on Tuesday 4 July.

Following agreement by both Houses on the text of the bill it received Royal Assent on 11 July. The bill is now an Act of Parliament (law). 

The National Security Bill will update the UK’s security measures and equip law enforcement and intelligence agencies to deal with modern and evolving threats from hostile states, including espionage, sabotage and foreign electoral interference.

Consideration of amendments

The bill was considered by the House of Lords between 17 November 2022 and 13 March 2023, before returning to the House of Commons. 

Members of the Lords considered Commons reasons for disagreeing to Lords amendments to the bill, plus an alternative amendment to Lords changes.

Lords divisions

There was one division (vote) on a proposed change to the bill.

Intelligence and Security Committee's memorandum of understanding

An amendment to a Commons suggested change was put forward. Members voted 201 in favour and 210 against, so the Commons amendment remains part of the bill.

Catch up

Explore further information

Read background on the bill in the House of Lords Library National Security Bill briefing.

What's happened so far?

Consideration of amendments day one: Wednesday 21 June

Members of the Lords considered Commons reasons for disagreeing to Lords amendments to the bill, plus some alternative amendments to Lords changes.

Lords divisions

There were two divisions (votes) on proposed changes to the bill.

Foreign interference in elections

During report stage, members of the Lords inserted a new clause into the bill which requires political parties to publish policy statements identifying donations from a foreign power and provide the Electoral Commission with an annual risk statement on how overseas donations are managed.

The House of Commons later rejected the new clause on the grounds that current law already makes sufficent provision for overseas donations.

Members of the Lords have now considered a revised version of the clause, which retains the duties placed on the political parties, but removes the government requirement to publish guidance on these rules.

Members voted 219 in favour and 172 against, so the change was made and the revised clause inserted into the bill.

ISC Memorandum of Understanding

Also during report stage, members agreed to a new clause which required the government to update the Memorandum of Understanding between the Intelligence and Security Committee of Parliament (ISC) and the Prime Minister within six months of the new laws passing.

This clause was also rejected by MPs in the Commons on the grounds that the Justice and Security Act 2013 already defines the rules regarding updates to the Memorandum.

In response, Lords members have now considered a reduced version of the clause, which ensures that the Memoradum is still reviewed, if not updated, following any changes to the government's intelligence or security activities.

Members voted 223 in favour and 165 against, so the change was made and the new version of the clause agreed.

Catch up

Third reading: Monday 13 March

Third reading is a chance for members to make sure the eventual law is effective, workable and without loopholes.

Members considered amendments proposed by the government to clarify which members of devolved governments some provisions will apply to. 

Members also discussed the passage of the bill at the conclusion of its Lords stages.

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Report stage day two: Tuesday 7 March

Report stage is a further opportunity to closely scrutinise elements of the bill and make changes.

Proposed changes

Members speaking on day two of report stage put forward changes (PDF) (amendments) on subjects including:

  • registering foreign activity and influence arrangements
  • international cooperation.

Lords divisions

There were also four divisions (votes) on proposed changes to the bill. 

ISC Memorandum of Understanding

Members considered amendment 193, which requires the government to update the Memorandum of Understanding between the Prime Minister and the Intelligence and Security Committee of Parliament (ISC) within six months of the passing of the new law.

Members voted 210 in favour and 184 against, so the change was made.

Additional votes

Members also considered amendments on:

  • Legal aid for individuals convicted of terrorism offences
  • A new proscription (banning) process for those engaged in hostile activity on behalf of other states.

Following votes on the floor of the House, these changes were not made.

Government changes agreed

Members also agreed to government changes on subjects including establishing an offence of providing false information and the extent of legal aid provision for individuals convicted on terrorism offences. 

Catch up

Report stage day one: Wednesday 1 March

Proposed changes

Members speaking on day one of report stage put forward changes (PDF) (amendments) on subjects including:

  • protections for journalists and whistleblowers
  • defences for conduct carried out in the public interest
  • importance of Sovereign Base areas to UK security and defence.

Lords divisions

There were also five divisions (votes) on proposed changes to the bill. 

Foreign electoral interference

Members agreed to amendment 51, voting 209 in favour and 170 against, which inserts a new clause into the bill placing duties on political parties regarding foreign interference in elections.

These party duties include:

  • publishing regularly updated policy statements to ensure the identification of donations from a foreign power
  • providing the Electoral Commission with an annual statement on how risks from overseas donations have been managed.

Additional votes

Members also discussed amendments on:

  • public interest defences for offences 
  • regularly reviewing areas of the bill relating to espionage, prevention measures, terrorist charges and legal provisions. 

Following votes on the floor of the House, these changes were not made.

Government changes agreed

Members also agreed to government changes, including on protections for journalists following concerns raised by members at previous stages. Some members also raised further concerns on how far the changes go and proposed alternative amendments. Speaking of the changes, the minister Lord Sharpe of Epsom said:

'Some of our amendments have been brought forward to reassure noble Lords and others that the offence will not capture the genuine work of journalists. We have listened to the concerns raised by the media sector and noble Lords in the House, and some of these amendments are a direct response to them.'

Catch up

Committee stage day five: Wednesday 18 January

Committee stage is the first chance for line by line examination of the bill. 

Proposed changes

Members speaking on day five of committee stage put forward changes (PDF) (amendments) on subjects including:

  • access to justice and legal aid
  • documenting when civil servants have raised safety concerns over ministerial appointments
  • reporting on disinformation from foreign powers.

Catch up

Committee stage day four: Monday 16 January

Proposed changes

Members speaking on day four of committee stage put forward changes (PDF) (amendments) on subjects including:

  • Home Office tier 1 visa scheme
  • raising concerns over ministerial appointments
  • appointing a body to review disinformation from foreign powers.

Catch up

Committee stage day three: Wednesday 11 January

Proposed changes

Members speaking on day three of committee stage put forward changes (amendments) on subjects including:

  • narrowing definitions used in the draft law
  • clarifying when officials may be given immunity when assisting or encouraging crimes
  • conditions on excluding the public from some court proceedings
  • creating a public interest defence for certain offences created by the bill, including disclosing protected information or trade secrets, or entering prohibited places.

Catch up

Committee stage day two: Wednesday 21 December

Proposed changes

Members speaking on day two of committee stage put forward amendments (PDF) (changes) to the bill to be discussed. 

These amendments covered a range of subjects, including

  • offences of aiding a hostile foreign power
  • definitions of terms in new offences created by the bill
  • requiring the government to report on the integrity of UK democratic processes
  • imposing duties on political parties regarding foreign interference in elections, such as identifying donations from a foreign power.

Catch up

Committee stage day one: Monday 19 December

Proposed changes

Members speaking on day one of committee stage put forward amendments (PDF) (changes) to the bill to be discussed. 

These amendments covered a range of subjects relating to tightening the scope of offences that would prejudice the safety and interests of the UK. Members discussed offences relating to obtaining or disclosing protected information, disclosing trade secrets and assisting a foreign intelligence service.

Catch up

Second reading: Tuesday 6 December

Members discussed the main issues in the bill and flagged up concerns or specific areas where they thought amendments (changes) were needed during second reading. 

Topics covered during the debate included:

  • human rights laws impacted by the bill
  • balancing security, freedoms and democracy
  • including a public interest defence in the bill to avoid convicting journalists, investigators, campaigners and whistleblowers
  • addressing foreign interference in British politics and elections
  • the potential impact of legal aid restrictions
  • the scope of clause 28 and its amendments to the Serious Crime Act.

Members speaking 

Lord Sharpe of Epsom (Conservative), opened the debate and responded on behalf of the government. 

Many members speaking in the debate have worked in, or closely with, the security services. Speakers included: 

Watch and read the debate 

Find out more more about the issues discussed: catch up on Parliament TV or read a the Lords Hansard transcript from three hours after the debate.  

Image: Adobe

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Further information